View Full Version : Gurus. Check out if this makes sense

09-07-2010, 01:04 PM
Gurus, check out the lawsuit against USCIS by our Chinese brothers. Could someone analyse these and put in simple language the whole thing?

09-07-2010, 01:58 PM
Other gurus can answer in a detailed manner. I am going to very short. Chinese Eb3 have filed for an injunction stating that they need to be allocated visa numbers because in 2008 and 2009 they were overlooked because DOS could not count the inventory of EB3 properly.

DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.

Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction

Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.

09-07-2010, 02:11 PM
Well it looks like DOS is saying that court has no authority to ask DOS to do anything.

09-09-2010, 10:15 AM
Isn't this the same argument one of the members said regarding the 500 visas not allocated to EB3 India last year?